• Prevent a person doing anything as set out in the Order from the court e.g.
• Abusive or threatening behaviour towards the woman
• Approaching person in particular area- children’s school, woman’s workplace
• Keeping away from the woman’s house, in certain situations, or another residence
•
Matrimonial Homes Act Interdicts ( as amended by the Family Law
(Scotland) Act 2006)
– Matrimonial Interdict s.14 available only to spouse s
– Domestic Interdicts- s.18Aavailable only to cohabiting couples ( same or opposite sex)
• Civil Partnership Act 2004- section 113 – “ relevant interdict”
• Common law interdicts- not derived from legislationfor women not living with their partner

Powers of Arrest under the Protection from Abuse (Scotland ) Act
2001
• Any person who is applying for, or who has obtained, an interdict for the purpose of protection against abuse may apply to the court for a power of arrest to be attached to the interdict under this Act
• Definition of “abuse“ ” and “conduct”
• Power of arrest is only effective once served on the abuser & the police
• Means that the police may detain the person breaching the interdict with the power of arrest attached without a warrant
• What happens after the police arrest the person in breach?
• How long does a power of arrest last?

 Domestic Abuse (Scotland) Act 2011- section 2applies to interdicts made on or after 20 th July 2011
 Act provides that where an interdict has been “ determined” by the court to be a “ domestic abuse interdict ” and the interdict has a power of arrest attached, which is still in effect, then breach of that domestic abuse interdict will be a criminal offence.

How does the court determine that an interdict is a “ domestic abuse interdict?”
 Process
 Penalties upon conviction for breach

Summary procedure = Up to 12 months imprisonment, or a fine, or both

Conviction on indictment = Up to 5 years imprisonment, or a fine, or both.
 What happens if the court does not “ determine ” that the interdict is a “ domestic abuse interdict?”

Non harassment orders- Protection from Harassment Act 1997
 Section 8 - Granted in a civil court - available to anyone
 If specifically sought in relation to domestic abuse , now no need to demonstrate “course of conduct”–section 8A, introduced by the Domestic Abuse (Scotland) Act 2011, section 1- only one incident of harassing behaviour would be required
 What does an NHO do?
 Penalties upon conviction for breach
 Summary procedure = Up to 6 months imprisonment, or a fine, or both
 Conviction on indictment = Up to 5 years imprisonment, or a fine, or both.

Staying in the home and keeping the abuser out
Exclusion Orders

Matrimonial Homes (Family Protection) (Scotland) Act 1981-(s.4)

Civil Partnership Act 2004 (s.104)
Occupancy rights for spouses or civil partners
• Sole or joint tenant or owner = occupancy rights & entitled
•
Not sole/joint tenant or owner = occupancy rights but non
–entitled
• Need an Exclusion Order to keep spouse/civil partner out of home
• How long do they last?
Occupancy rights for cohabs
 Sole/ joint tenant or owner = occupancy rights
• Not sole/joint tenant or owner = no occupancy rights
• If the other cohabiting partner does not have occupancy rights, do not need an Exclusion Order to them out of home
• BUT- Note- the other party can apply to the court for O Rights!

Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act
2011
• Enables court to make a FMPO for the purposes of “protecting a person from being forced, or from any attempt to force the person, into a marriage, or protecting a person who has been forced into a marriage”
• Court can also issue a Declarator of Nullity